N.Y. Public Health Law § 2553: Early intervention coordinating council

§ 2553. Early intervention coordinating council. 1. (a) The department

shall establish an early intervention coordinating council.

(b) The council shall consist of thirty members, unless otherwise

required by federal law, appointed by the governor. At least five

members shall be parents, four of whom shall be parents of children with

disabilities aged twelve or younger and one of whom shall be the parent

of a child with disabilities aged six or younger; at least five shall be

representatives of public or private providers of early intervention

services; at least one shall be involved in personnel preparation or

training; at least three shall be representatives of managed care plans

or managed care plan trade associations familiar with how claims for

services provided pursuant to this title are managed; at least two shall

be early intervention officials; at least two shall be members of the

legislature or such members' designees; seven shall be the commissioner

and the commissioners of education, the office of children and family

services, people with developmental disabilities, mental health,

alcoholism and substance abuse services and the superintendent of

financial services, or their appropriate designees with sufficient

authority to engage in policy planning and implementation on behalf of

their agencies.

(c) The governor shall appoint ten members on the recommendation of

the temporary president of the senate and the speaker of the assembly,

each of whom shall recommend five members as follows: one parent of a

child with disabilities age twelve or younger; one representative of

public or private providers of early intervention services; one

representative of a managed care plan or managed care plan trade

association familiar with how claims for services provided pursuant to

this title are managed; one member of the legislature; and one early

intervention official. The governor shall appoint four members on the

recommendations of the minority leader of the assembly and the minority

leader of the senate, each of whom shall recommend two members as

follows: one parent of a child with disabilities age twelve or younger;

one representative of public or private providers of early intervention

services.

(d) The governor shall designate a chairperson from among the members

of the council. All members shall serve for terms of three years. Such

terms shall be established so that the terms of no more than one-third

of the members of the council expire each year.

(e) A majority of the appointed voting membership of the council shall

constitute a quorum.

2. The council shall:

(a) assist the lead agency in the effective performance of the lead

agency's responsibilities set out under this title, including:

(i) identifying the sources of fiscal support for early intervention

services and programs, assignment of financial responsibility to the

appropriate agency and promotion of interagency agreements;

(ii) preparing applications and amendments required pursuant to

federal law;

(iii) advising and assisting the commissioner regarding payment

methodologies established pursuant to section twenty-five hundred

fifty-five of this title to reimburse adequately the cost of services

authorized pursuant to this article and to promote the efficient,

economical, productive and stable delivery of early intervention

services. The council shall convene a reimbursement advisory panel, the

members of which shall be appointed by the commissioner, to assist the

council regarding such payment methodologies. Such panel shall consist

of no more than sixteen members, and shall include at least four

representatives of municipalities, at least four representatives of

statewide and regional provider organizations, and such other members as

the commissioner shall deem appropriate.

(b) advise and assist the commissioner and other state early

intervention service agencies in the development of coordinated

standards and procedures pursuant to section twenty-five hundred

fifty-one of this title in order to promote the full participation and

cooperation of such agencies;

(c) advise and assist the commissioner and the commissioner of

education regarding the transition of toddlers with disabilities to

services provided under section forty-four hundred ten of the education

law, to the extent such services are appropriate;

(d) advise and assist the commissioner in identifying barriers that

impede timely and effective service delivery, including advice and

assistance with regard to interagency disputes; and

(e) prepare and submit an annual report to the governor and

legislature on the status of the early intervention program.

3. The council shall meet at least four times a year. Special meetings

may be called by the chairperson and shall be called at the request of

the commissioner.

4. At least sixty days prior to the commissioner's final approval of

rules and regulations pursuant to this title, other than emergency rules

and regulations, the commissioner shall submit proposed rules and

regulations to the council for its review. The council shall review all

proposed rules and regulations and report its recommendations thereon to

the commissioner within sixty days. The commissioner shall not act in a

manner inconsistent with the recommendations of the council without

first providing the reasons therefor. The council, upon a majority vote

of its members, may require that an alternative approach to the proposed

rules and regulations be published with a notice of the proposed rules

and regulations pursuant to section two hundred two of the state

administrative procedure act. When an alternative approach is published

pursuant to this section, the commissioner shall state the reasons for

not selecting such alternative approach.

5. The members of the council shall be allowed their reasonable and

necessary expenses incurred in the performance of their duties

hereunder.